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Potapov v. Dunn (In re Dunn)

On remand from the District Court for the District of Massachusetts, the court considered a motion for summary judgment filed by plaintiffs, an individual brokerage firm customer and a corporate brokerage firm customer, in their action against defendant chapter 7 debtors, seeking a determination that a debt owed by the debtors arising from an arbitration award was excepted from discharge under 11 U.S.C. § 523(a)(4) and /or (a)(6).
Ruling: 
NASD arbitration award not excepted from discharge where role of each of debtors in fraudulent transfer was not clear.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-132

Vidal v. Alvarado

Appellant, son of a lessor and his widow, challenged the Bankruptcy Court for the District of Puerto Rico's grant of partial summary judgment in favor of appellees, debtors, and against the son based on its finding that the son willfully violated the automatic stay provision 11 U.S.C. § 362 and aided and abetted the widow in actions that constituted a willful violation of the automatic stay.
Ruling: 
Widow and son wilfully violated stay by pursuing rent collection and eviction.
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Consumer case opionion summary, case decided on October 26,2007, LexisNexis #1207-027

In re Torres

In a prior judgment, the court awarded the debtors compensatory damages for travel expenses and emotional distress to remedy a violation of the discharge injunction by the IRS. The United States (government) appealed the determination of emotional damages on sovereign immunity grounds, and it was vacated on appeal. On remand, the court reconsidered the issue in light of the First Circuit's opinion.
Ruling: 
Award of damages against IRS for emotional distress due to violation of discharge injunction vacated due to lack of specific waiver of sovereign immunity.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1207-026

In re Hayes

Bankruptcy debtors'schedules indicated secured mortgage debt and the debtors included mortgage payments in their current monthly expenses, but the U.S. Trustee asserted that the mortgage payments were not expenses because the debtors intended to surrender the mortgaged property. The trustee moved to dismiss the debtors'case based on a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2).
Ruling: 
Mortgage payments scheduled within 60 months postpetition could be claimed as expenses regardless of intent to surrender.
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Consumer case opionion summary, case decided on September 26,2007, LexisNexis #1007-120

In re Kemp

A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
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Consumer case opionion summary, case decided on August 09,2007, LexisNexis #0108-018

In re Hermosilla

A debtor had filed for relief under chapter 7. The debtor sought an order for approval of a divorce stipulation agreement between the debtor and his former wife, to be paid from the disposition of the postpetition sale proceeds of the debtor's homestead. The debtor also sought to impose sanctions against two attorneys.
Ruling: 
Attorneys did not violate stay in seeking to recover postpetition fees from proceeds of homestead property that had reverted to debtor.
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Consumer case opionion summary, case decided on August 06,2007, LexisNexis #0108-024

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